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posted by Dopefish on Friday February 28 2014, @06:00PM   Printer-friendly
from the freedom-is-not-free dept.

GungnirSniper writes "By a six to three vote, the US Supreme Court has ruled police may enter a home if one occupant allows it even after another previously did not consent.

In the decision on Tuesday in Fernandez v. California, the Court determined since the suspect, Walter Fernandez, was removed from the home and arrested, his live-in girlfriend's consent to search was enough. The Court had addressed a similar case in 2006 in Georgia v. Randolph, but found that since the suspect was still in the home and against the search, it should have kept authorities from entering.

RT.com notes "Justice Ruth Bader Ginsburg joined in the minority by Justices Kagan and Sotomayor, marking a gender divide among the Justices in the case wrote the dissenting opinion, calling the decision a blow to the Fourth Amendment, which prohibits 'unreasonable searches and seizures.'"

Could this lead to police arresting people objecting to searches to remove the need for warrants?"

 
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  • (Score: 2, Informative) by rts008 on Friday February 28 2014, @10:05PM

    by rts008 (3001) on Friday February 28 2014, @10:05PM (#8834)

    The person answering the door was holding a baby, not a knife.(Rojas, the 'live-in girlfriend' of the suspect(Fernandez) the cops where looking for)

    The cops showed up at Fernandez's apartment, looking for a suspect(Fernandez) connected to a stabbing that occured during a robbery earlier that day. No one was holding a knife, not even Fernandez when the cops showed up.

    She(Rojas) was bloody and bruised, holding a baby when she answered the door.

    The word 'knife' never shows up in TFA, so where do you get this from anyway?

    "Just the facts ma'am, just the facts." *Sgt. Joe Friday*

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